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201109475
<br /> DEED OF TRllST
<br /> Loan No:810287 (Continued) Page 6
<br /> either of them may in their absolute discretion detetmine. No remedy conferred upon or resenied to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust ot by law provided or permitted,but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which eiiher ofi them may be otherwise entitled, may be exercised,
<br /> concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of Yhem may pursue inconsistent remedies. Nothing in this Deed of Trust shall be cbnstrued as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's right to declare a defaulT ard exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default
<br /> antl a copy of any Notice ofi Sale under this Deed of Trust be mailed to them.at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Pees; Expenses. If Lender institutes any suit or action[o enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as the court may adjudge teasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasona6le ezpenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a pa�t of the Indebtedness payable on demand and shall.bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicable law, Lender's attorneys'fees and Lender's legai
<br /> expenses,whether or not there is a lawsuit, including attorneys'fees antl expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or in�unction),appeals,and any anticipated post-judgment
<br /> coliection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee,to the eMent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee, Trustee shall have all of the rights and duties of Lender as set forth in this section. �
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the writte�request of Lentler and Trustor. (a!join in
<br /> preparing and �iling a map or plat of the Real Property,induding the dedication of streets or other rights to the
<br /> public; (b)join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> . Trustee. Trus2ee shall meet all quafifications required for Trustee ander applicable law. in addition to the rights
<br /> and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreciosure,in either case in
<br /> accordance with a:ntl to the full extent provided by applicabie law.
<br /> Successor Trustee. Lender,at Lender's option,may from time m time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowiedged by Lender arid recorded in the
<br /> office of the recorder of Hall County, State of Nebraska. The insVUment shall contain, in addition to ali other
<br /> matters required by state law, the names of the original.Lender, Trustee, and Trustor, the 600k and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and acknowledged 6y ali the beneficiaries under this Deed of Trust or
<br /> thei.r successors in i�nterest. The successor trustee,without conveyance of the Property,shall succeed to afl the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for subsiitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,inclutling withaut limitation any notice of defaWt
<br /> and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> by telefa.csimile(unfess otherwise required by lawl,when deposited m�ith a nationally recognized overnight courier,or,if
<br /> . mailed,when deposited in the United States�mail,as first class,certified or registered mail postage prepaid,directed io
<br /> ihe addresses shown near the beginning of YMs Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lieo wliich has priority over this Deed of Trust shall be sent to Lender's address, as shown near the 6eginning of
<br /> this Deed of Trust. Any party may change its address for notices under this Deed af Trust 6y giving formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to� change the par[y's address. For notice
<br /> purposes,Trustor agrees to Iceep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br /> or required by law,if there is more than one T�ustor,any notice given by Lender to any Trustor is deemed to be notice
<br /> given io all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and �
<br /> agreement of the parties as ro the matters set fiorth in this Deed of Trust. No alteration ofi or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is usetl for purposes other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts from Yhe Properiy less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used Yo mterpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the inte�est or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the 6enefit of Lender in any capacity,without tli�e written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender antl,to Yhe extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions�. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's reqaest to submit to the�urisdiction of the
<br /> courts of HaH Gounty,State of Nebraska.
<br /> Joint antl Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustoc This means that each Trustor signing below is
<br /> responsible for all obligaYions in this Deed of Trust. �
<br /> No Waiver by Lender. Lender shatl not be deemed to have waived any rights under ihis Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
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